WORCESTER  COUNTY 


LAW  LIBRARY 


MASSACHUSETTS 
COUNTY  LAW  LIBRARIES 


WORCESTER,  MASS. 
THE  COMMONWEALTH  PRESS 
Oliver  B.  Wood 
1908 


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Massachusetts  County  Law  Libraries. 


The  first  act  relating  to  law  libraries  bears  date  of  1814.  The 
* origin  of  these  libraries  was  probably  a collection  of  early  laws  of 

the  State  for  the  use  of  court  and  county  officials.  Then  followed 
the  reports  of  this  State  as  they  were  published,  then  laws  and 
reports  of  other  New  England  States.  From  there  on  the  growth 
was  steady;  more  or  less  rapid  according  to  circumstances. 
Some  of  these  county  law  libraries  date  from  nearly  a century 
ago,  almost  from  the  first  law,  others  from  the  middle  of  the  past 
century  and  a few  have  been  started  within  the  last  twenty  years. 
The  earlier  libraries  were  entrusted  to  a law  library  association, 
which  is  simply  a trustee  for,  and  of,  the  library.  Some  of  the 
later  libraries  are  placed  under  control  of  the  local  bar  associ- 
ations as  trustees.  But  none  of  these  libraries  are  owned  by  any 
of  these  associations,  and  none  of  them  are  bar  libraries  in  the 
accepted  use  of  that  term.  The  acts  state  that  the  title  to  the 
books  shall  be  in  the  county.  Under  the  statute  they  are  public 
libraries,  “open  to  court  and  citizens,”  and  as  such  are  entitled 
to  duty-free  importation  of  foreign  books  under  the  U.  S. 
Statutes  and  also  under  the  decisions  of  the  U.  S.  Treasury 
Department.  Similar  law  libraries  in  a sister  State,  but  so  con- 
trolled by  their  bar  associations  as  to  exclude  the  public,  were  held 
by  the  U.  S.  Treasury  Department  to  be  proprietary  libraries  and 
as  such  liable  for  duty  on  imported  books.  All  funds  for 
their  support  come  from  the  County  Commissioners,  under  the 
statute.  The  bills  of  the  library,  first  or  last,  go  to  the  Commis- 
sioners for  approval,  and  the  library  is  listed  among  the  assets  of 
the  county.  Even  the  largest  of  them  are  kept  more  strictly  to 
the  law  than  are  the  ordinary  bar  libraries,  as  a general  thing. 

A bar  library  being  really  a proprietary  institution  can  and  does 
indulge  in  some  expenditures,  which  would  not  be  proper  in  a law 
library  supported  by  public  funds.  The  latter  has  no  right  to 
accumulate  books  on  general  literature,  history  or  travel,  such  as 


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are  found  in  some  bar  libraries.  The  allied  branches  of  law, 
namely,  economics,  sociology,  political  economy,  legislation,  with 
all  ancient  law  and  most  of  the  modern  Continental  law  are 
and  should  be  barred  from  their  shelves.  They  are  not  justified 
in  spending  large  sums  of  money  on  expensive  reference  works  of 
a general  character,  for  in  each  city  or  town  where  one  of  these 
county  law  libraries  is  located,  is  also  to  be  found  one  of  the 
hundreds  of  free  public  libraries  of  which  this  state  is  so  proud. 

These  county  law  libraries  are  located  as  follows : 


Barnstable, Barnstable 

Berkshire, Pittsfield 

Bristol,  . . .Fall  River,  New  Bedford  and  Taunton 

Dukes,  Edgartown 

Essex,  ....  Salem,  Lawrence,  Newburyport 

Franklin, Greenfield 

Hampden,  ........  Springfield 

Hampshire, Northampton 

Middlesex, East  Cambridge,  Lowell 

Nantucket, Nantucket 

Norfolk,  ........  Dedham 

Plymouth,  ........  Plymouth 

Worcester, Worcester,  Fitchburg 


These  law  libraries,  as  before  mentioned,  were  originally  in  the 
office  of  the  clerk  of  courts,  and  the  Clerk  of  Courts  is  ex  officio 
the  librarian.  In  the  case  of  the  smaller  libraries  he  still  retains 
charge  of  the  library,  but  in  the  following  counties  he  has  deputed 
his  duties  to  other  persons,  Barnstable,  Berkshire,  Bristol, 
Essex,  Hampden,  Middlesex,  Plymouth,  Worcester.  The  follow- 
ing questions  were  submitted  to  all  of  the  county  law  libraries : 
1.  Date  of  organization.  2.  Number  of  volumes.  3.  Character 
of  library.  4.  Use.  5.  Reference  or  circulating.  Nearly  all  of 
the  libraries  have  replied  and  their  reports  now  follow. 

Barnstable  County  Law  Library  was  organized  in  April,  1889. 
Number  of  volumes,  1,800.  Library  is  open  for  reference  and 
circulation  every  day  except  holidays  and  Sundays,  as  are  all  these 
County  Law  Libraries. 


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Berkshire  County  Law  Library  was  incorporated  about  1842. 
Number  of  volumes,  10,500.  Contains  U.  S.  Supreme  Reports, 
American  Reporter  Series,  State  Reports,  English  Reports,  U.  S. 
Documents  and  text  books. 

Bristol  County  Law  Library,  Fall  River.  Organized  under  the 
law  of  1894.  Number  of  volumes,  5,000.  Reference  mainly, 
books  circulated  to  attorneys  and  persons  holding  permits  from 
the  directors.  Is  a general  law  library. 

Bristol  County  Law  Library,  Taunton,  has  about  5,000  volumes 
Comprises  English  Reports,  State  Reports,  reporter  system  and 
text-books.  Only  members  of  the  bar  are  allowed  to  take  books 
from  the  library. 

Dukes  County  Law  Library.  Started  in  1890.  Number  of 
volumes,  679.  U.  S.  Supreme  Reports,  N.  E.  Reporter,  Massa- 
chusetts Reports,  A.  and  E.  Encyclopaedia  of  Law,  and  Text- 
books. Reference  only. 

Franklin  County  Law  Library.  Organized  about  1850.  Has 
8,000  volumes.  Principal  English  Reports,  nearly  all  the  State 
Reports  and  a fair  supply  of  digests,  encyclopaedias,  statutes  and 
text-books.  Reference  only.  Certain  books  may  be  withdrawn 
on  receipt  for  same. 

Hampden  County  Law  Library  was  started  in  1813.  It  con- 
tained but  few  volumes  until  1860  when  a member  of  the  bar 
was  elected  as  a county  commissioner.  Number  of  volumes  is 
12,200.  Contains  the  United  States  and  State  Reports,  the  English 
Reports  and  some  text-books,  with  necessary  dictionaries,  digests 
and  statutes.  It  is  strictly  a reference  library,  with  the  excep- 
tion of  some  three  hundred  volumes. 

Nantucket  County  Law  Library.  As  yet  this  county  has  no 
regular  organization  of  a county  law  library.  There  are  about 
200  volumes  located  in  the  office  of  the  clerk  of  court. 

Norfolk  County  Law  Library  was  organized  in  1898.  Number 
of  volumes,  8,250.  The  library  contains  U.  S.  and  State  Repprts 
and  text-books.  Mainly  reference. 

Plymouth  County  Law  Library  was  started  about  the  middle  of 
the  last  century.  The  growth  has  been  gradual  until  the  present 
time  when  the  library  numbers  5,620  volumes.  It  comprises 


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American  and  English  Reports  with  the  usual  digests  and  diction- 
aries and  some  text-books.  The  library  is  used  mainly  as  a refer- 
ence library  but  provision  is  made  for  circulation  of  text-books. 

Worcester  County  Law  Library,  organized  in  1842.  Growth 
slow  until  about  1878.  Numbers  25,000  volumes.  Contains  all 
the  U.  S.,  State,  Canadian,  English,  Irish  and  Scotch  reports, 
long  runs  of  session  laws,  and  statutes  of  the  States,  also  diction- 
aries and  digests,  unusually  large  proportion  of  text-books.  A 
collection  of  law  periodical  sets  and  a few  sets  of  Federal  and 
State  documents.  Besides  the  reference  use  we  have  a circula- 
tion use  which  extends  over  the  entire  county. 

The  total  number  of  volumes  in  these  county  law  libraries  is 
over  150,000  volumes.  In  all  these  counties  the  lawyer  has  free 
access  to  a good  working  law  library  and  this  obviates  his  being 
a member  of  a bar  library  at  a considerable  expense  per  year. 

He  does  not  need  to  accumulate  much  of  a library  of  his  own. 
His  library  only  comprises  a set  of  the  State  Reports,  necessary 
statutes  and  digests  and  a few  local  text-books.  It  is  not  too  much 
to  claim  that  the  high  standing  of  the  Massachusetts  bar  and  the 
excellency  of  the  legislation  and  reports  of  this  State  are  largely 
due  to  the  system  of  free  county  law  libraries.  These  law 
libraries  have  been  established  and  maintained  from  fees;  there 
has  been  no  increase  of  the  tax-rate  on  their  account. 

The  United  States  Immigration  and  Naturalization  Act  of  June 
30,  1906,  deprived  them  of  one-half  of  the  naturalization  fees,  and 
conflict  between  the  Federal  and  State  law  has  tied  up  the  other  half 
of  the  naturalization  fees.  In  some  counties  special  legislation  has 
been  necessary,  in  others  the  County  Commissioners,  acting  under 
the  statutes  by  which  they  have  authority,  have  granted  the  addi- 
tional sums  necessary  for  their  maintenance.  These  county  law 
libraries  have  become  such  a necessity,  and  the  additional  amounts 
needed  are  so  small  compared  with  the  benefits,  that  this  aid  is 
freely  and  willingly  granted. 

Some  sort  of  an  organization  among  us  would  result  to  our 
individual  and  collective  advantage,  and  it  is  earnestly  hoped 
that  this  may  be  accomplished. 

Passing  now  to  a consideration  of  the  laws  under  which  they 


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have  been  established  and  maintained,  we  give,  in  most  of  them, 
only  the  citation  and  a line  or  so  of  summary,  as  it  is  manifestly 
unnecessary  to  reproduce  all  of  this  legislation  on  the  subject. 

Laws  1814,  ch.  178 — Authorizes  establishment  of  law  libraries 
and  gives  them  the  excise  fees  for  admission  to  the  Court  of 
Common  Pleas. 

Laws  1823,  ch.  251— Appropriates  excise  fees  for  admission  to 
Supreme  Court  to  the  law  libraries. 

Acts  and  Resolves  1842,  ch.  94 — Legalizes  incorporation  of  law 
library  associations  and  makes  them  public  libraries. 

Acts  and  Resolves  1856,  ch.  71 — County  Commissioners  author- 
ized to  disburse  such  sums  as  they  think  necessary  and  proper  for 
public  law  libraries  for  use  of  court  and  citizens,  provided  funds 
do  not  exceed  amount  of  clerk  of  courts’  fees. 

Acts  and  Resolves  1856,  ch.  184 — Counsellors  and  attorneys 
who  have  neglected  to  organize  under  1842,  ch.  94,  are  allowed 
to  do  so. 

Acts  and  Resolves  1859,  ch.  172 — County  Treasurers  shall  pay  to 
county  law  library  association,  one  quarter  of  all  fees  from  clerk 
of  court,  provided  it  does  not  exceed  one  thousand  dollars ; if  it 
does  they  shall  pay  one  thousand  dollars. 

Supplement  Revised  Statutes  1854-1859,  ch.  71 — County  Com- 
missioners to  pay  to  county  law  libraries  not  exceeding  amount 
of  clerk  of  courts  fees. 

General  Statutes  1860,  ch.  33,  sections  1-7 — Law  libraries  to 
receive  one  thousand  dollars  from  clerk  of  courts’  fees,  annually, 
and  such  further  sums  from  these  fees,  not  to  exceed  the  whole 
amount,  as  the  county  commissioners  may  deem  necessary  and 
proper. 

Acts  and  Resolves  1863,  ch.  215,  amends  G.  S.,  ch.  33,  sec.  6, 
to  read  like  Acts  and  Resolves  1859,  ch.  172. 

Acts  and  resolves  1874,  ch.  156,  still  further  amends  G.  S.,  ch. 
33,  sec.  6,  so  that  whole  amount  paid  shall  not  exceed  two  thousand 
dollars.  Repeals  1863,  ch.  215. 

Public  Statutes  (1882)  ch  40,  sec.  1-8 — Re-enacts  all  of  G.  S., 
ch.  33,  sec.  1-7,  and  also  includes  later  legislation  relative  to 
documents  and  brings  annual  amount  up  to  fifteen  hundred  dollars. 


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Acts  and  Resolves  1882,  ch  246 — Amends  P.  S.,  ch.  40,  sec.  6, 
by  substituting  two  thousand  dollars. 

Acts  and  Resolves  1885,  ch.  345,  sec.  6 — All  fees  received  by 
clerks  of  courts  of  the  Commonwealth  in  naturalization  cases,  shall 
be  accounted  for  and  paid  over  by  said  clerks  semi-annually,  to 
the  treasurers  of  their  respective  counties  and  such  county  treasur- 
ers shall  pay  the  same,  to  be  in  addition  to  the  sums  such  asso- 
ciations are  now  entitled  to  receive  by  law. 

Acts  and  Resolves  1897,  ch.  153,  sec.  4,  and  Acts  and  Resolves 
1897,  ch.  505 — Relate  to  reports  of  county  commissioners  and 
accounting  for  annual  amounts  payable  to  law  libraries. 

Revised  Laws  1902,  ch.  38,  sec.  2-5 — Re-enacts  previous  legisla- 
tion, gives  them  two  thousand  dollars  from  clerk  of  courts’  fees 
and  such  further  sums  as  county  commissioners  may  consider 
proper. 

The  following  acts  are  all  private  ones  for  relief  of  the  law 
libraries  of  Bristol,  Essex  and  Franklin  Counties.  1878,  ch.  13; 
1894,  ch.  243;  1897,  ch.  367;  1898,  ch.  258,  285;  1900,  ch.  304; 
1902,  ch.  363;  1903,  ch.  442;  1904,  ch.  328;  1906,  ch.  209;  1906, 
ch.  428;  1907,  ch.  278;  1907,  ch.  279;  1907,  ch.  280;  1907,  ch.  281. 


